CORPORATIONS – application for compulsory acquisition of residual ordinary shares of Carawine Resources Limited – where the applicant is the “90% holder” of the relevant class of securities – where the applicant’s compliance with Division 1 of Part 6A.2 of the Corporations Act 2001 (Cth) (the Act) is irregular in part – whether appropriate to remediate such irregularities pursuant to s 1322 of the Act – where the applicant lodged a compulsory acquisition notice with the Australian Securities & Investments Commission on 21 March 2024 – where the notice relies upon the opinion expressed in an expert’s report dated 26 February 2024 – whether expert’s report inconsistent with the Act or otherwise deficient – whether applicant has established that the terms set out in the compulsory acquisition notice give a “fair value” for the relevant securities – application granted – costs reserved
Recent cases about acquisitions
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Australian Securities and Investments Commission v Money3 Loans Pty Ltd (Penalty) [2026] FCA 506
CONSUMER LAW – civil penalties for contraventions of ss 128 and 130(1) of the National Consumer Credit Protection Act 2009 (Cth) – determination of appropriate penalties – penalties imposed – compliance order relief refused.
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Australian Competition and Consumer Commission v Emma Sleep GmbH (Penalty) [2026] FCA 493
CONSUMER LAW – Second and Third Respondents liable for misleading and deceptive conduct in relation to sale of mattresses – appropriate pecuniary penalty – contravening conduct consists of two courses of conduct – whether contravening conduct involved deliberate courting of risk of contravention – determining the loss to consumers and benefit to the Respondents –…
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Director of Consumer Affairs Victoria v White Ray (Oakleigh) Pty Ltd [2026] FCA 497
CONSUMER LAW – admitted contraventions of the Australian Consumer Law – orders as to relief jointly proposed by parties – jurisdiction of court – factors bearing on setting of penalty – penalty imposed
